Does The Constitution Follow The Flag

Author: Kal Raustiala
Publisher: Oxford University Press
ISBN: 0199858179
Size: 76.94 MB
Format: PDF, Kindle
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The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.

International Law And The Changing Character Of War

Author: Raul A. Pedrozo
Publisher: U.S. Government Printing Office
ISBN:
Size: 25.42 MB
Format: PDF, Kindle
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NOTE: NO FURTHER DISCOUNT FOR THIS PRINT PRODUCT -OVERSTOCK SALE -- Significantly reduced list price Contains a compilation of scholarly papers and remarks derived from the proceedings of a conference hosted at the Naval War College on June 22-24, 2010 entitled "International Law and the Changing Character of War." The objectives of the conference were to catalogue the extent to whichh existing international law governs these changing aspects of warfare and to assess whether these developments warrant revision of existing international law. Related products: The United States Naval War College Fundamentals of War Gaming --Hardcover format can be found here: https: //bookstore.gpo.gov/products/sku/008-046-00269-0 -- Paperback format can be found here: https: //bookstore.gpo.gov/products/sku/008-046-00299-1 Weapon of Choice: U.S. Army Special Operations Forces in Afghanistan can be found here: https: //bookstore.gpo.gov/products/sku/008-029-00431-3 Civilian Surge: Key to Complex Operations can be found here: https: //bookstore.gpo.gov/products/sku/008-020-01585-7 Operational Culture for the Warfighter: Principles and Applications can be found here: https: //bookstore.gpo.gov/products/sku/008-000-01021-8 Applications in Operational Culture: Perspectives From the Field can be found here: https: //bookstore.gpo.gov/products/sku/008-000-01054-4 Other products produced by the U.S. Naval War College can be found here: https: //bookstore.gpo.gov/agency/621"

The Knockoff Economy

Author: Kal Raustiala
Publisher: Oxford University Press
ISBN: 0195399781
Size: 75.57 MB
Format: PDF, ePub, Docs
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Contends that creativity can thrive in the face of piracy, arguing that the imitation of great designs forces an industry to innovate more quickly, and looks at examples of areas in which the practice has been accepted.

Reconsidering The Insular Cases

Author: Gerald L. Neuman
Publisher: Harvard University Press
ISBN: 0979639573
Size: 77.78 MB
Format: PDF, ePub, Mobi
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Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.

Advancing Democracy Abroad

Author: Michael McFaul
Publisher: Rowman & Littlefield
ISBN: 9781442201118
Size: 54.71 MB
Format: PDF, ePub, Docs
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In Advancing Democracy Abroad, McFaul explains how democracy provides a more accountable system of government, greater economic prosperity, and better security compared with other systems of government. He then shows how Americans have benefited from the advance of democracy abroad in the past, and speculates about security, economic, and moral benefits for the United States from potential democratic gains around the world.

How Enemies Become Friends

Author: Charles A. Kupchan
Publisher: Princeton University Press
ISBN: 1400834414
Size: 30.92 MB
Format: PDF, ePub, Mobi
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Is the world destined to suffer endless cycles of conflict and war? Can rival nations become partners and establish a lasting and stable peace? How Enemies Become Friends provides a bold and innovative account of how nations escape geopolitical competition and replace hostility with friendship. Through compelling analysis and rich historical examples that span the globe and range from the thirteenth century through the present, foreign policy expert Charles Kupchan explores how adversaries can transform enmity into amity--and he exposes prevalent myths about the causes of peace. Kupchan contends that diplomatic engagement with rivals, far from being appeasement, is critical to rapprochement between adversaries. Diplomacy, not economic interdependence, is the currency of peace; concessions and strategic accommodation promote the mutual trust needed to build an international society. The nature of regimes matters much less than commonly thought: countries, including the United States, should deal with other states based on their foreign policy behavior rather than on whether they are democracies. Kupchan demonstrates that similar social orders and similar ethnicities, races, or religions help nations achieve stable peace. He considers many historical successes and failures, including the onset of friendship between the United States and Great Britain in the early twentieth century, the Concert of Europe, which preserved peace after 1815 but collapsed following revolutions in 1848, and the remarkably close partnership of the Soviet Union and China in the 1950s, which descended into open rivalry by the 1960s. In a world where conflict among nations seems inescapable, How Enemies Become Friends offers critical insights for building lasting peace.

Beyond Citizenship

Author: Peter J. Spiro
Publisher: Oxford University Press
ISBN: 0195152182
Size: 76.12 MB
Format: PDF
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These communities, Spiro argues, are replacing bonds that once connected people to the nation-state, with profound implications for the future of governance."--BOOK JACKET.

The Insular Cases And The Emergence Of American Empire

Author: Bartholomew H. Sparrow
Publisher: Univ Pr of Kansas
ISBN:
Size: 39.56 MB
Format: PDF, Kindle
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When the United States took control of Cuba, Puerto Rico, the Philippines, and Guam following the Spanish-American War, it was unclear to what degree these islands were actually part of the U.S. and, in particular, whether the Constitution applied fully, or even in part, to their citizens. By looking closely at what became known as the Insular Cases, Bartholomew Sparrow reveals how America resolved to govern these territories. Sparrow follows the Insular Cases from the controversial Downes v. Bidwell in 1901, which concerned tariffs on oranges shipped to New York from Puerto Rico and which introduced the distinction between incorporated and unincorporated territories, to Balzac v. Puerto Rico in 1922, in which the Court decided that Puerto Ricans, although officially U.S. citizens, could be denied trial by jury because Puerto Rico was "unincorporated." There were 35 Insular Cases in all, cases stretching across two decades, cases in which the Court ruled on matters as diverse as tariffs, double jeopardy, and the very meaning of U.S. citizenship as it applied to the inhabitants of the offshore territories. Providing a new look at the history and politics of U.S. expansion at the turn of the twentieth century, Sparrow's book also examines the effect the Court's decisions had on the creation of an American empire. It highlights crucial features surrounding the cases--the influence of racism on the justices, the need for naval stations to protect new international trade, and dramatic changes in tariff policy. It also tells how the Court sanctioned the emergence of two kinds of American empire: formal territories whose inhabitants could be U.S. citizens but still be denied full politicalrights, and an informal empire based on trade, cooperative foreign governments, and U.S. military bases rather than on territorial acquisitions. The Insular Cases and the Emergence of American Empire reveals how the United States handled its first major episode of globalization and how the Supreme Court, in these cases, crucially redirected the course of American history.

The Invisible Constitution

Author: Laurence H. Tribe
Publisher: Oxford University Press
ISBN: 9780199740956
Size: 19.41 MB
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As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.